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Roadmap to Compliant Wellness Programs

SPONSORS: The Sections of Business Law; Health Law; Labor and Employment Law; Real Property, Trust and Estate Law; Taxation; Tort Trial and Insurance Practice; and the American College of Employee Benefits Counsel

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A 90-minute TeleConference
TUESDAY, April 30, 2013

1:00-2:30 pm ET / 12:00-1:30 pm CT / 11:00 am-12:30 pm MT / 10:00-11:30 am PT

Edward I. Leeds, Ballard Spahr LLP, Philadelphia, PA

Elena Lynett, Senior Health Law Specialist, US Department of Labor, Employee Benefits Security Administration, Office of Health Plan Standards and Compliance Assistance, Washington, DC
Linda R. Mendel, Vorys, Sater, Seymour and Pease LLP, Columbus, OH

An increasing number of employers and other plan sponsors have implemented wellness programs to help control health care spending and improve the health of their workforces. As plan sponsors (and their advisors) consider the types of wellness programs to implement for the 2014 plan year, they must consider how the HIPAA nondiscrimination rules, as amended by the new Affordable Care Act (ACA) proposed regulations, affect their program design. Issued in November 2012, the proposed regulations reflect the changes to existing wellness provisions made by the ACA that are intended to encourage plan sponsors to implement new programs or improve and/or expand existing wellness programs, while maintaining protections against discrimination. During this teleconference, our distinguished panel will discuss:
  • What wellness programs are and common wellness program designs (for example, fitness center reimbursements, cash for completing a health questionnaire, and rewards in the form of premium discounts or rebates for not smoking);
  • The new proposed regulations and how they impact participatory wellness programs and health-contingent programs, including the new increased maximum permissible reward;
  • How plan sponsors can avoid discrimination issues for health-contingent programs;
  • Other compliance considerations under other applicable laws.

Roadmap to Compliant Wellness Programs
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